| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 9 |
| Hearing date | 6 Dec 2012 |
| Determination date | 14 January 2013 |
| Member | M B Loftus |
| Representation | G Bennett ; C Brown |
| Location | Dunedin |
| Parties | Blakeley v ACM New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent - Disinterested and negative behaviour from applicant during meetings and allegation of inadequate performance - Without prejudice off the record meeting between parties with financial offer made to applicant – Branch Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent expressed view employment relationship untenable before raising question of conducting discussion on without prejudice basis. No dispute occurred between parties as applicant not allowed input. No proper disciplinary process followed. Applicant constructively dismissed by respondent. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,692 reimbursement of lost wages. $6,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($12,692.31); Compensation for humiliation etc ($6,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s122;ERA s124;ERA s128(1)(c)(i);ERA s128(2) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Assoc Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_9.pdf [pdf 176 KB] |